LexSTATE OF HARYANA AND ANR. ETC. versus JOGINDER SINGH ETC
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A STATE OF HARYANA AND ANR. ETC. v. JOGINDER SINGH ETC. JANUARY 24, 1997 B [K. RAMASWAMY AND G.T. NANAVATI, JJ.] Land Acquisition Act, 1894: Compensation-Award of-District Judge taking into account the potentiality of the land for urban purposes, as also the fact that a canal passed C through several lands-Awarding different rates for different lands-Single Judge of High Court awarding unifonn rate-Finding-Mere opinion of the Single Judge--Hence set aside--Award of District Judge confinned- Claimants not entitled to interest on solatium. D CIVIL APPELLATE JURISDICTION : Civil Appeal No. 479 of 1997 Etc. From the Judgment and Order dated 3.9.87 of the Punjab & Haryana High Court in L.P.A. No. 291of1987. E Rao Ranjit and Prem Malhotra for the Appeallants. F Rajesh Srivastava, Ujjwal Benerjee H.K.Puri and Ms. Naresh Bakshi for the Respondents. The following Order of the Court was delivered: Delay condoned. Substitution allowed. Leave granted. We have heard learned counsel on both sides. Notification under Section 4(1) of the Land Acquisition Act, 1894 G acquiring a long strip of land admeasuring 2916 acres, for digging Panjok- hara minor was published on June 24, 1982. The Collector in his award dated September 13, 1982 determined the market value at Rs. 26,000 for Abbi lands, Rs. 20,000 for barani lands and Rs.10,000 in respect of gair- ._ mumkin land. On reference under Section 18, the Additional District Judge enhance the compensation to Rs. 93,000 per acre for abbi land, Rs. 84,000 H per acre for barani land and Rs. 50,000 per acre for gairmumkin land. On 528 STATE v. JOGINDER SINGH 529 appeal by the claimant, the learned single Judge awarded uniform rate of A value and determined the compensation at uniform rate of Rs.93,000 per acre in respect of all the lands. Letters Patent Appeal filed by the State was dismissed. Feeling aggrieved by this Order in LP A, the appellants have filed this appeal by special leave. The only question is: whether the learned Judge was right in award- ing uniform rate of compensation? Though the State had filed an appeal in the High Court questioning the market value determined by the District Judge at aforestated rates, it has placed no material before us to adjudge whether the market value given by the District Judge was correct in law. As regards potentiality of the land for urban purposes, as found by the High Court, the District Judge in his award dealt with in extenso in paragraph 14 of the judgment as under : "As regards the oral evidence produced by the petitioners to show B c that the acquired land had great potential value for commercial D and residential purposes I am of the opinion that the said oral evidence produced by the petitioners is not sufficient to hold that the acquired land had any potential value to be used for commer- cial or residential purposes. The acquired land is out side the municipal limits and is towards the west of Ambala town. Merely because the Government godowns or the railway station are at E same distance from the acquired land would be no ground to hold that the acquired land would land had any potential value unless there is cogent evidence to show that there was over all develop- .ment towards that side, similar is the position with regards to Lyalpur Basti in as much as the said Basti is at some distance from F the acquired land as stated by PW3 Prem Nath the said Basti is within municipal limits. Similarly, the existence of Agricultural research institute towards the acquired land would also not show that the acquired land has any potential value. RW I Yogdhian Patwari, admitted the distance of Ram DB_ss Nagar at some dis- G tance from the acquired land and in my opinion the existence of the said Ram Dass Nagar would not shown that the acquired iand had any potential value. There is no cogent evidence on the record to show that there was any general development of Ambala city towards to acquired land not there is any evidence on the record lo show that the acquired land was connected by any important H 530 SUPREME COURT REPORTS [ 1997) 1 S. C.R. -J ....... A road. The Ambala Patiala road known as Kapuri road which goes from Ambala to Patiala via a short out through the villages, only bifurcates the acquired land at a particular point where as the acquired land is along strip at a particular point where as the acquired land is along strip of land which had been ac
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